Also known as: reverse · reversible · reversing · reversed · appellate reversal · reverse on appeal
Written by attorneys · grounded in primary & secondary sources — see below
A decision or action that sets aside or nullifies a prior judgment, ruling, precedent, or legal effect, with instructions or consequences for further proceedings.
Rajesh Rao's lawyer filed a complaint asserting a novel interpretation of a statute that would require overturning prior precedent. The court accepted the filing after finding the argument nonfrivolous. Rao's claim proceeded to discovery rather than facing sanctions.
Ronald Reed was acquitted after trial on theft charges. The prosecution later sought to retry him on the same facts. The court dismissed the new indictment because the acquittal had not been reversed or vacated.
Rachel Ramirez's counsel filed a motion asking the court to adopt a new rule on fee-shifting that would reverse settled precedent. The court permitted the argument because it was presented in good faith.
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Rina Rahman tore up her will in anger but later wrote a note on the fragments stating her intent to restore it. The probate court found the note demonstrated a clear intent to reverse the revocation and admitted the will to probate.
Rosa Ruiz was convicted after the prosecution withheld a witness statement that contradicted the main eyewitness. The appellate court reversed the conviction because the suppressed evidence was material to guilt.
Redline Automotive devised mortgaged land to Renee Rogers. Under the new statute the devisee took the property subject to the lien because the will did not direct payment from the estate.
Reversal for trial error such as erroneous admission of evidence permits retrial. Reversal for insufficient evidence bars retrial under double jeopardy principles.
No. After reversal the state may not retry the defendant for any offense more serious than the offense of conviction in the first trial.
The argument must be nonfrivolous and made in good faith. Criminal defense counsel may require the prosecution to prove every element even without such an argument.
Revival occurs if the testator reexecutes the will, executes a codicil showing intent to revive it, or performs an act on the will that clearly and convincingly shows intent to reverse the revocation.
Suppression of material exculpatory evidence favorable to the accused requires reversal when there is a reasonable probability of a different result.
…criminal abortion statutes of that State are unconstitutional. The judgment of the District Court as to intervenor Hallford is reversed, and Dr. Hallford's complaint in intervention is dismissed. In all other respects, the judgment of the District Court is affirmed. Costs are allowed to the appellee. It is so…